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TAYLOR v. LAVINE

Nos. 669, 701, Dockets 73-2731, 73-2671.

497 F.2d 1208 (1974)

Annie TAYLOR, Individually and on behalf of her minor, dependent child, Margaret Taylor, et al., Appellees, v. Abe LAVINE, Individually and in his capacity as Commissioner of the New York State Department of Social Services, and James M. Shuart, Individually, and in his capacity as Commissioner of the Nassau County Department of Social Services, Appellants. Rose HURLEY, Individually and on behalf of her minor children, Doreen Hurley, et al., Appellees, v. Barry VAN LARE, Individually and in his capacity as Acting Commissioner of the Department of Social Services of the State of New York, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided May 14, 1974.

Attorney(s) appearing for the Case

Martin A. Schwartz, The Legal Aid Society of Westchester County, White Plains, N. Y. (Leonard S. Clark, Nassau County Law Services Committee, Inc., Hempstead, N. Y., on the brief; Lawrence S. Kahn, The Legal Aid Society of Westchester County, White Plains, N. Y., of counsel), for appellees.

Judith A. Gordon, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief, Constance M. Margolin, Asst. Atty. Gen., of counsel), for appellants.

Before FRIENDLY, HAYS and OAKES, Circuit Judges.

HAYS, Circuit Judge:

This court is again called upon to pass on a challenge to New York's administration of its program for state Aid to Families with Dependent Children (AFDC).

The federal AFDC program found in sections 401 to 444 of the Social Security Act of 1935, as amended, 42 U.S.C. §§ 601-644 (1970), provides financial aid to states on a matching funds basis to assist the "needy child . . . who has been deprived of parental support or care...

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